Indian Penal Code, 1860, Section 364A -- Kidnapping - Second condition "threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt' - Held, second condition is also a condition precedent, which is requisite to be satisfied to attract S.364-A of IPC...........
Indian Penal Code, 1860, Section 364A, 363 -- Kidnapping for ransom - Kidnapping of victim for ransom - Demand of ransom also proved - However, second part of provision of S.364-A IPC that victim may be put to death or hurt nor there is anything in the evidence on the basis of which it can be held that second part of condition is fulfilled - Accused is liable to be..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 363, 366A, 344, 346, 376(DB), 120B -- Juvenile - Bail - Kidnapping and rape - Accused was a young boy aged less than 16 years on the date of incident - He was confined in observational home from last more than 2 years and 2 months - Accused does not have any criminal..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of intellectually challenged 21 years old girl - Accused inserted his finger into vagina of prosecutrix which is duly corroborated by DNA report - Soil found on clothes of accused and prosecutrix matched the earth collected from the spot where sexual assault took place - Same is evident from FSL report -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Bail - Kidnapping and rape - Accused committing penetrative offence against a 16 years old minor child - Statement..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376 -- Bail - Kidnapping and rape - Victim in her statement u/s 164 Cr.P.C corroborated stand of accused - Statement recorded u/s 164 Cr.P.C stands on a much superior pedestal in comparison to information which formed the basis for S.154 Cr.P.C - There is thus, absolutely no justification to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376 -- Bail - Kidnapping and rape - Court granted bail to main accused - Role of co-accused is that they helped victim in bringing her in their vehicle to home of main accused - Since Court is granting bail to main accused, there is no justification to deny bail to co-accused - Bail granted..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366A, 376, 370, 342, 34, Prevention of Women from Domestic Violence Act, 2005, Section 6 -- Bail - Kidnapping and rape - Material contradictions were found in statement of prosecutrix recorded u/s 161 Cr.P.C on various dates and also her statement before doctor recorded in MLC - Prosecutrix was..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376D -- Sexual assault - For non-examination of neighbor who informed about kidnapping of prosecutrix, testimony of prosecutrix cannot be disbelieved, particularly when testimony of prosecutrix is corroborated by medical evidence...........
Indian Penal Code, 1860, Section 364A, 376, 302, 216 -- Kidnapping, rape and murder of 7 years old girl - Testimony of eye witnesses - Prosecution examined three eye witnesses - Two eye witnesses turned hostile and did not support case of prosecution - Testimony of PW10/father of victim, neither shows that he was an eye witness of occurrence nor does it disclose that..........
